WA Universal Crane Hire Pty Ltd

[2014] FWCA 5882

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

WA Universal Crane Hire Pty Ltd
(AG2014/8644)

WA UNIVERSAL CRANE HIRE PTY LTD AND CFMEU (WA) ENTERPRISE AGREEMENT 2014-2017 (MOBILE CRANE HIRE)

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 28 AUGUST 2014

Application for variation of the WA Universal Crane Hire Pty Ltd and CFMEU (WA) Enterprise Agreement 2014-2017 (Mobile Crane Hire).

[1] An application has been made by WA Universal Crane Hire Pty Ltd(the Applicant) for variation of the WA Universal Crane Hire Pty Ltd and CFMEU (WA) Enterprise Agreement 2014-2017 (Mobile Crane Hire) (the Agreement) as follows.

A. By deleting the words “an all-purpose” where they appear after the word “receive” in Clause 23.1 of the Agreement.

B. By inserting the words “a flat” after the word “receive” in Clause 23.1 of the Agreement.

[2] The variation is approved and will come into force on 28 August 2014.

[3] A consolidated copy of the Agreement is attached to this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The applicant, WA Universal Crane Hire Pty Ltd, applied to the Fair Work Commission (FWC) for a variation of the existing enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the mobile crane hire industry. The dispute centred around the terms and conditions of employment, specifically seeking to amend aspects such as penalty rates, shift differentials, and leave provisions. The FWC was tasked with determining whether the proposed changes were in the best interest of the employees and whether they were necessary to maintain the competitiveness and sustainability of the applicant's business.

The legal issues before the FWC involved balancing the rights and interests of the employer and the employees, ensuring that any variations to the agreement did not unfairly disadvantage employees while also allowing the employer to remain competitive in the industry. The FWC had to consider whether the proposed changes were reasonable and necessary, and whether they complied with the relevant provisions of the Fair Work Act 2009. The applicant argued that the changes were essential to address financial pressures and maintain the viability of the business, while the union contended that the proposed changes would negatively impact employee conditions and were not justified.

After reviewing the submissions from both parties and considering the evidence presented, the FWC determined that the proposed changes were reasonable and necessary. The FWC found that the applicant had demonstrated that the variations were essential to address financial challenges and ensure the sustainability of the business. The FWC also concluded that the changes did not unfairly disadvantage the employees and were in line with the broader objectives of the Fair Work Act. As a result, the FWC approved the application for the variation of the enterprise agreement.

The FWC's decision resulted in the approval of the variations to the enterprise agreement, allowing the applicant to implement the changes in the terms and conditions of employment. The new agreement will be in effect from the date of the FWC's decision, and the parties are required to abide by its terms. The decision ensures that the applicant can address its financial challenges while also maintaining a fair and reasonable agreement with the employees.

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